NYC Expands Employee Time Off Rights with ESSTA Amendments

New rules require additional unpaid leave, more qualifying reasons, and updated notice requirements for employers

Published on Feb. 25, 2026

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Amendments to New York City's Earned Safe and Sick Time Act (ESSTA) that took effect on February 22, 2026 have expanded employee leave rights. Key changes include adding new qualifying reasons for leave, codifying up to 20 hours of paid prenatal leave, and requiring an additional 32 hours of unpaid leave available immediately for those employed as of 02.22.26 (or upon hire) and at the start of each calendar year. The Temporary Schedule Change Act has also been scaled back, with employers no longer needing to grant a specific number of temporary schedule changes per year. The Department of Consumer and Worker Protection has issued updated FAQs, new model forms, and a revised Notice of Employee Rights that employers must distribute and post.

Why it matters

The amendments to ESSTA and TSCA significantly expand employee leave rights in New York City, requiring employers to provide more time off and comply with additional notice and recordkeeping obligations. With the city's renewed enforcement efforts, compliance with these new requirements is more important than ever for businesses operating in the city.

The details

Key changes to the ESSTA include expanding qualifying reasons for leave to include caregiving, pursuing benefits or housing, workplace violence, and public disasters. Covered employees also now have 32 hours of unpaid safe and sick time immediately upon hire or at the start of each calendar year, in addition to the 40-56 hours of paid leave already required. The law also officially provides 20 hours of paid prenatal leave. The TSCA has been scaled back, with employers no longer required to grant a specific number of temporary schedule changes per year, though they must still respond to requests. Employers must update their policies, distribute new notices, and comply with expanded recordkeeping requirements by March 8, 2026.

  • The ESSTA and TSCA amendments took effect on February 22, 2026.
  • Employers must update their policies and distribute new notices to employees by March 8, 2026.
  • A public hearing on proposed DCWP rules interpreting the amendments is scheduled for March 2, 2026.

The players

New York City Department of Consumer and Worker Protection (DCWP)

The city agency that issued updated FAQs, new model forms, and a revised Notice of Employee Rights related to the ESSTA and TSCA amendments.

Mayor Zohran Mamdani

The mayor of New York City who announced renewed enforcement efforts targeting employers that fail to comply with municipal worker protection laws, including the ESSTA.

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What’s next

The DCWP has published proposed updates to its rules interpreting the law, as amended. A public hearing on the proposed rules is scheduled for March 2, 2026, as part of the notice and comment process. Contingent on the receipt and review of public comments, the DCWP may further revise the proposed rules.

The takeaway

The expanded employee leave rights and increased compliance obligations under the ESSTA amendments highlight the need for New York City employers to carefully review and update their policies and practices to ensure they are meeting the new requirements and avoiding potential enforcement actions.